Showing posts sorted by relevance for query Leonard Peltier. Sort by date Show all posts
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Tuesday, January 21, 2025

AT LAST

Leonard Peltier is Coming Home!



January 20, 2025
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Sumterville, FL – Today, President Biden granted Leonard Peltier executive clemency and commuted the remainder of his sentence. The president’s decision is the result of decades of grassroots organizing in Indian Country and the unveiling of increasing amounts of evidence of prosecutorial misconduct and constitutional violations during the prosecution of Peltier’s case.

“It’s finally over – I’m going home.” said Leonard Peltier. “I want to show the world I’m a good person with a good heart. I want to help the people, just like my grandmother taught me.”

“Leonard Peltier’s freedom today is the result of 50 years of intergenerational resistance, organizing, and advocacy,” said Nick Tilsen, NDN Collective Founder and CEO. “Leonard Peltier’s liberation is our liberation – we will honor him by bringing him back to his homelands to live out the rest of his days surrounded by loved ones, healing, and reconnecting with his land and culture.

“Let Leonard’s freedom be a reminder that the entire so-called United States is built on the stolen lands of Indigenous people – and that Indigenous people have successfully resisted every attempt to oppress, silence, and colonize us,” continued Tilsen. “The victory of freeing Leonard Peltier is a symbol of our collective strength – and our resistance will never stop.”

“Today’s decision shows the combined power of grassroots organizing and advocacy at the highest levels of government. We are grateful to President Biden and the leadership of Secretary Deb Haaland. said Holly Cook Macarro, Government Affairs for NDN Collective. “All of us here today stand on the shoulders of three generations of activists who have fought for justice for Leonard Peltier. Today is a monumental victory – the day that Leonard Peltier finally goes home.”

Please support the NDN Collective.

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NDN Collective is an Indigenous-led organization dedicated to building Indigenous power. Through organizing, activism, philanthropy, grantmaking, capacity-building, and narrative change, we are creating sustainable solutions on Indigenous terms.

Leonard Peltier to Leave Prison After 50 Years as Biden Grants Commutation


Leonard Peltier, 80, a member of the Turtle Mountain Band of Chippewa, will transition to home confinement after serving nearly 50 years of a life sentence. 
(Photo: AmnestyUSA))

NATIVE NEWS ONLINE

President Biden announced today he will commute Leonard Peltier's life sentence to home confinement, marking a major victory for tribal nations and advocates who have long fought for the Native American activist's release.

Peltier, 80, has spent nearly 50 years in federal prison after being convicted for the 1975 deaths of two FBI agents on the Pine Ridge Indian Reservation. He has maintained his innocence throughout his imprisonment.

A White House statement cited Peltier's advanced age, deteriorating health, and the extensive support for his release from tribal nations, Nobel Peace laureates, former law enforcement officials, and human rights organizations.

"This commutation will enable Mr. Peltier to spend his remaining days in home confinement but will not pardon him for his underlying crimes," according to the White House statement.

The decision comes after decades of campaigns by Native American leaders and organizations who have questioned the fairness of Peltier's trial and conviction. Even the former U.S. Attorney whose office handled Peltier's prosecution and appeal supported granting clemency.

The White House noted Peltier's "close ties to and leadership in the Native American community" as a factor in the decision.

The commutation of Peltier’s sentence comes after increased advocacy from tribal leaders, congressional members, human rights advocates and even former prosecutors who were involved in the case. 

Last week, more than 120 tribal leaders, including National Congress of American Indians President Mark Macarro (Chairman of the Pechanga Band of Indians) and Navajo Nation President Buu Nygren, signed a letter urging Biden to grant clemency. In December, Macarro raised Peltier’s case directly with Biden during a flight on Air Force One, highlighting that Peltier was among the oldest surviving Indian boarding school survivors.   

Peltier, an enrolled citizen of the Turtle Mountain Band of Chippewa Indians, spent three years at the Wahpeton Indian School in North Dakota as a child — a story he shared with Native News Online in 2022. 

EXCLUSIVE: Leonard Peltier Shares His Indian Boarding School Story

In a post on X (formerly Twitter), outgoing Interior Secretary Deb Haaland (Laguna Pueblo) wrote: “I am beyond words about the commutation of Leonard Peltier. His release from prison signifies a measure of justice that has long evaded so many Native Americans for so many decades. I am grateful that Leonard can now go home to his family. I applaud President Biden for this action and understanding what this means to Indian Country.” 

In her Tweet, she linked to the Biden administration’s release in White House press room, but the post had been removed during the presidential transition and was not included on the Biden White House archive.  

Kevin Sharp, former Chief U.S. District Court judge and Peltier’s attorney, called Biden’s decision “an enormous step toward healing and reconciliation with the Native American people in this country.”  Sharp, who filed Peltier’s original clemency petition in 2019, said Biden’s “act of mercy” will allow Peltier to return to his reservation and live out his remaining days. 

The case has drawn international attention over the decades, with supporters like Nelson Mandela, Archbishop Desmond Tutu and Pope Francis advocating for Peltier’s release.  Sharp represented Peltier for five years before NDN Collective took the lead on clemency efforts. 

“Leonard Peltier’s freedom today is the result of 50 years of intergenerational resistance, organizing, and advocacy,” Nick Tilsen, NDN Collective Founder and CEO, said in a statement. “Leonard Peltier’s liberation is our liberation – we will honor him by bringing him back to his homelands to live out the rest of his days surrounded by loved ones, healing, and reconnecting with his land and culture. 

“Today’s decision shows the combined power of grassroots organizing and advocacy at the highest levels of government. We are grateful to President Biden and the leadership of Secretary Deb Haaland,” Holly Cook Macarro, government affairs or NDN Collective, said. “All of us here today stand on the shoulders of three generations of activists who have fought for justice for Leonard Peltier. Today is a monumental victory – the day that Leonard Peltier finally goes home.”

Judith LeBlanc (Caddo), executive director of the Native Organizers Alliance released a statement as well, saying: “Our hearts are full for Leonard Peltier, his family, and all of Indian Country as he finally gets to go home after nearly 50 years behind bars. Leonard’s incarceration came to symbolize the injustices Native peoples face in defending our lands and civil and inherent rights. His resilience has stood as a testament to the enduring strength of Native peoples in the face of systemic racism and oppression.

U.S. Sen. Brian Schatz (D-Hawai‘i), vice chair of the Senate Committee on Indian Affairs, released the following statement: “If there were ever a case that merited compassionate release, Leonard Peltier’s was it,” said Schatz. “President Biden did the right thing by showing this aging man in poor health mercy and allowing him to return home to spend whatever days he has remaining with his loved ones. I thank President Biden and the countless advocates who’ve worked tirelessly over the years to secure Peltier’s release.”

Neely Bardwell provided reporting on this story. 


Biden Commutes Sentence of Indigenous Political Prisoner Leonard Peltier

Amnesty International noted there were “serious human rights concerns about the fairness” of Peltier’s trial.
January 20, 2025
Indigenous rights activists take part in a rally in support of Native American activist Leonard Peltier, at Lafayette Square across from the White House, in Washington, D.C., on September 12, 2023.
 (MANDEL NGAN / AFP / GETTY IMAGES)



Moments before he left office and as one of his final acts as president, Joe Biden commuted the life sentence of Leonard Peltier, an 80-year-old Native American activist and political prisoner who has been incarcerated for nearly half a century for a crime he maintains he did not commit.

At the time of his conviction, Peltier was a member of the American Indian Movement, a grassroots movement that was founded in 1968 to advocate for Indigenous rights and sovereignty in the United States. He was charged under dubious circumstances for the killing of two FBI agents in a 1975 shootout at Pine Ridge Reservation in South Dakota. After being charged, he fled to Canada; he was extradited and sent back to the U.S. to face trial in 1977.

Indigenous advocates and human rights organizations have long maintained that Peltier was not given a fair trial. Evidence that could have exonerated him — including ballistics showing that the bullets that killed the two agents were not fired from Peltier’s weapon — was withheld from his lawyers. Testimony that led to the Canadian government agreeing to his extradition was also perjured.

In 2017, the former chief prosecutor who was part of the trial made an extraordinary request for then-President Barack Obama to grant Peltier clemency. That request was ultimately not granted. With Biden exiting the White House, several human rights organizations made those requests yet again, asserting that the unfair trial warranted a lessening of Peltier’s sentence.

Biden’s commutation is not a full pardon — Peltier will remain under house confinement, likely for the rest of his life. Still, human rights advocates and Indigenous activists who have campaigned for decades for Peltier to be granted clemency celebrated the action.

Related Story

Hours Away From Too Late: Demand Freedom for Leonard Peltier
We must join across movements and great distances to demand Obama make freeing Leonard Peltier part of his legacy. By Kelly Hayes , Truthout January 18, 2017


“President Biden was right to commute the life sentence of Indigenous elder and activist Leonard Peltier given the serious human rights concerns about the fairness of his trial,” said Paul O’Brien, executive director of Amnesty International USA.

“This is a huge win for grassroots Indigenous movements who kept his campaign alive and a moral indictment on the system and people who kept him unjustly imprisoned for half a century,” Indigenous organizer and journalist Nick Estes wrote in a post on X.

“Leonard Peltier’s liberation is our liberation – we will honor him by bringing him back to his homelands to live out the rest of his days surrounded by loved ones, healing, and reconnecting with his land and culture,” said NDN Collective founder and CEO Nick Tilsen. “Let Leonard’s freedom be a reminder that the entire so-called United States is built on the stolen lands of Indigenous people — and that Indigenous people have successfully resisted every attempt to oppress, silence, and colonize us.”

Peltier also celebrated his commutation.

“It’s finally over — I’m going home,” he said, adding that he planned to do acts of good work following his release.

“I want to show the world I’m a good person with a good heart. I want to help the people, just like my grandmother taught me,” Peltier said.



'It's Finally Over, I'm Going Home': Biden Grants Commutation—But No Pardon—for Peltier

"The victory of freeing Leonard Peltier is a symbol of our collective strength—and our resistance will never stop," vowed one Indigenous organizer.


Indigenous rights defenders rally in support of imprisoned Native American activist Leonard Peltier at Lafayette Square across from the White House in Washington, D.C. on September 12, 2023.
(Photo: Mandel Ngan/AFP via Getty Images)



Brett Wilkins
Jan 20, 2025
COMMON DREAMS


Just minutes before leaving office, Joe Biden on Monday commuted the life prison sentence of Leonard Peltier, the elderly American Indian Movement activist who supporters say was framed for the murder of two federal agents during a 1975 reservation shootout.

"It's finally over, I'm going home," Peltier, who is 80 years old, said in a statement released by the Indigenous-led activist group NDN Collective. "I want to show the world I'm a good person with a good heart. I want to help the people, just like my grandmother taught me."

While not the full pardon for which he and his defenders have long fought, the outgoing Democratic president's commutation will allow Peltier—who has been imprisoned for nearly a half-century—to "spend his remaining days in home confinement," according to Biden's statement, which was no longer posted on the White House website after Republican President Donald Trump took office Monday afternoon.



"Tribal Nations, Nobel Peace laureates, former law enforcement officials (including the former U.S. attorney whose office oversaw Mr. Peltier's prosecution and appeal), dozens of lawmakers, and human rights organizations strongly support granting Mr. Peltier clemency, citing his advanced age, illnesses, his close ties to and leadership in the Native American community, and the substantial length of time he has already spent in prison," Biden explained.

Biden Interior Secretary Deb Haaland, the first Indigenous cabinet secretary in U.S. history, said in a statement: "I am beyond words about the commutation of Leonard Peltier. His release from prison signifies a measure of justice that has long evaded so many Native Americans for so many decades. I am grateful that Leonard can now go home to his family. I applaud President Biden for this action and understanding what this means to Indian Country."

Congressman Raúl Grijalva (D-Ariz.), who last month led 34 U.S. lawmakers in a letter urging clemency for Peltier, said in a statement that "for too long, Mr. Peltier has been denied both justice and the pursuit of a full, healthy life at the hands of the U.S. government, but today, he is finally able to go home."

"President Biden's decision is not just the right, merciful, and decent one—it is a testament to Mr. Peltier's resilience and the unwavering support of the countless global leaders, Indigenous voices, civil rights and legal experts, and so many others who have advocated so tirelessly for his release," Grijalva added. "While there is still much work to be done to fix the system that allowed this wrong and so many others against Indian Country, especially as we face the coming years, let us today celebrate Mr. Peltier's return home."



NDN Collective founder and CEO Nick Tilsen said Monday that "Leonard Peltier's freedom today is the result of 50 years of intergenerational resistance, organizing, and advocacy."

"Leonard Peltier's liberation is our liberation—we will honor him by bringing him back to his homelands to live out the rest of his days surrounded by loved ones, healing, and reconnecting with his land and culture," Tilsen continued.

"Let Leonard's freedom be a reminder that the entire so-called United States is built on the stolen lands of Indigenous people—and that Indigenous people have successfully resisted every attempt to oppress, silence, and colonize us," Tilsen added. "The victory of freeing Leonard Peltier is a symbol of our collective strength—and our resistance will never stop."

Amnesty International USA executive director Paul O'Brien said that "President Biden was right to commute the life sentence of Indigenous elder and activist Leonard Peltier given the serious human rights concerns about the fairness of his trial."


While Peltier admits to having participated in the June 26, 1975 gunfight at the Oglala Sioux Reservation at Pine Ridge, South Dakota, he denies killing Federal Bureau of Investigation agents Jack Coler and Ronald Williams.

As HuffPost senior political reporter Jennifer Bendery recapped Monday:
There was never evidence that Peltier committed a crime, and the U.S. government never did figure out who shot those agents. But federal officials needed someone to take the fall. The FBI had just lost two agents, and Peltier's co-defendants were all acquitted based on self-defense. So, Peltier became their guy.

His trial was rife with misconduct. The FBI threatened and coerced witnesses into lying. Federal prosecutors hid evidence that exonerated Peltier. A juror acknowledged on the second day of the trial that she had "prejudice against Indians," but she was kept on anyway.

The government's case fell apart after these revelations, so it simply revised its charges against Peltier to "aiding and abetting" whoever did kill the agents—based entirely on the fact that he was one of dozens of people present when the shootout took place. Peltier was convicted and sentenced to two consecutive life terms.

American Indian Movement (AIM) activist Joe Stuntz Killsright was also killed at Pine Ridge when a U.S. Bureau of Indian Affairs agent sniper shot him in the head after Coler and Williams were killed. Stuntz' death has never been investigated.

Some Indigenous activists welcomed Peltier's commutation while also remembering Annie Mae Pictou Aquash, an Mi'kmaq activist who was kidnapped and murdered at Pine Ridge in December 1975 by her fellow AIM members. Some of Aquash's defenders believe her killing to be an assassination ordered by AIM leaders who feared she was an FBI informant.



Before leaving office, Biden issued a flurry of eleventh-hour preemptive pardons meant to protect numerous relatives and government officials whom Trump and his allies have threatened with politically motivated legal action.

However, the outgoing president dashed the hopes of figures including Steven Donziger, Charles Littlejohn, and descendants of Ethel Rosenberg, who were seeking last-minute pardons or commutations.

Wednesday, February 02, 2022

'Please Do What Is Right': Native American Lawmakers Urge Biden To Free Leonard Peltier

The ailing Indigenous rights activist, who is 77, "deserves to live his final years among his people," say dozens of Native state legislators.


Jennifer Bendery
02/01/2022 
Leaders of the National Caucus of Native American State Legislators wrote to President Joe Biden on Monday urging him to release Leonard Peltier from prison, warning that the 77-year-old Indigenous rights activist is in poor health and deserves ”to live his final years among his people in dignity.”

“Mr. President, please do what is right,” reads the message from New Mexico state Sen. Benny Shendo (D) and North Dakota state Rep. Ruth Buffalo (D), the chair and vice-chair of the caucus, respectively. The caucus represents 89 Native American state legislators from 21 states.

“Amid our country’s racial reckoning after George Floyd’s murder, Native Americans have not yet been included in any promise of federal justice reform. Your clemency towards Mr. Peltier would change that,” Shendo and Buffalo wrote. “His expected release would sound as a promise to the first peoples of these lands that we too enjoy America’s promise of justice for all.”

“Our communities have suffered enough,” they added. “Please prioritize equity.”

Peltier has been in prison for 45 years without any evidence that he committed a crime. The FBI and U.S. Attorney’s Office charged him with the 1975 murders of two FBI agents during a shootout on a Native American reservation ― something Peltier has long said he didn’t do, even when taking responsibility for the killings could have meant parole for him. His trial was riddled with misconduct, and even the U.S. attorney who helped put Peltier in prison decades ago is now pleading with Biden to grant him clemency because, he says, federal officials never had evidence that he committed a crime.

On Friday, Peltier tested positive for COVID-19. He is currently in quarantine.

His COVID status has only intensified the calls from supporters and elected officials to let him go home. Sen. Brian Schatz (D-Hawaii), chairman of the Senate Indian Affairs Committee, last week urged Biden to commute Peltier’s sentence given his age, illness and time served. Sen. Patrick Leahy (D-Vt.), the former longtime chair of the Senate Judiciary Committee and the longest-serving member of the Senate, has also called on Biden to send Peltier home.




Actor Danny DeVito on Monday joined the calls for Peltier’s release.

“President Joe Biden. Please let Leonard Pleltier [sic] go. You can do it man. Pick up that pen,” he tweeted.

President Joe Biden. Please let Leonard Pleltier go. You can do it man. Pick up that pen.— Danny DeVito (@DannyDeVito) January 31, 2022

Peltier told HuffPost last week that his prison facility’s prolonged COVID-19 lockdowns, and its failure to provide booster shots to inmates, have left him ― and likely others ― unbearably isolated and preparing for death. He is particularly vulnerable to COVID’s effects given his existing serious health problems, including diabetes and an abdominal aortic aneurysm.

“I’m in hell,” he said, days before his COVID diagnosis. “Left alone and without attention is like a torture chamber for the sick and old.”

Buffalo said Tuesday that members of her caucus “understand fully the sense of urgency” in protecting elderly loved ones from COVID, particularly if they are in prison. Native Americans are more than twice as likely to die from COVID as white Americans, per the Centers for Disease Control and Prevention, and are incarcerated at a much higher rate than the national average.

“Add inhumane living conditions, and prison guards who don’t follow CDC guidelines, [and] it is a recipe for disaster,” Buffalo told HuffPost. “Even if Mr. Peltier had not been convicted under contested circumstances, his advanced age, ill health and the amount of time he’s served ought to be enough to reconsider his circumstances. We are beyond the stage of making an example, and sheer human compassion and clemency urgently needs to be considered.”




Here’s a copy of the letter to Biden from the National Caucus of Native American State Legislators:           
61f99a49e4b0b69cfe86ed26.pdf (google.com)

A White House spokesperson did not immediately respond to a request for comment.

RELATED...

Leonard Peltier Is America's Longest-Serving Political Prisoner. Biden Is Likely His Last Hope.

Leonard Peltier Tests Positive For COVID-19

Sen. Brian Schatz Urges Biden To Commute Leonard Peltier’s Prison Sentence



BREAKING NEWS: Leonard Peltier Tests Positive for Covid-19



Free Leonard Peltier sign at Standing Rock camp in Dec. 2016.
 (Photo/Levi Rickert)

BY LEVI RICKERT JANUARY 29, 2022

American Indian activist Leonard Peltier (Turtle Mountain Band of Chippewa Indians), has tested positive for COVID-19 at the Coleman Federal Correctional Complex in Florida. Peltier is 77-years-old.

“Today, Leonard tested positive for COVID,” Peltier’s attorney Kevin Sharp told HuffPost late Friday. “We are all very concerned, as is Leonard. He wanted people to know that he sends his love and appreciation for the years everyone has fought for him."

According to the HuffPost article, Peltier has not received his vaccination booster shot.

Peltier’s health has long been a concern for those seeking his release from prison for his conviction of killing two FBI agents at Oglala on the Pine Ridge Indian Reservation in 1975. He suffers from heart problems and diabetes.

Supporters believe that Peltier was wrongfully convicted in 1977 for a crime he did not commit. Imprisoned for more than 46 years, Peltier has the support of Amnesty International, and other human rights organizations. Over the years, some 50 members of Congress and others — including Judge Gerald Heaney (8th Circuit Court of Appeals) who sat as a member of the court in two of Peltier’s appeals — have called for his immediate release.

Peltier's COVID-19 diagnosis comes just two days after the chairman of the U.S. Senate Committee on Indian Affairs, Sen. Brian Schatz (D-Hawai‘i), sent a letter to President Joe Biden that urged the president to commute the Peltier's sentence.

Leonard Peltier (Photo/Courtesy

Schatz cites Peltier’s advanced age, illness, and a loophole in current laws that unfairly disqualifies Peltier from compassionate release. While legislation led by Schatz to fix the loophole continues to be considered in Congress, that process can take years – time Peltier may not have.

“I commend your administration’s commitment to righting past wrongs in our criminal justice system. In continuing that work as you consider recommendations for individuals to receive clemency, I write to urge you to grant a commutation of Leonard Peltier’s sentence. Mr. Peltier meets appropriate criteria for commutation: (1) his old age and critical illness, (2) the amount of time he has already served, and (3) the unavailability of other remedies. Given these factors, Mr. Peltier should be granted a commutation of his sentence,” Chairman Schatz wrote in his letter to President Biden. “Mr. Peltier has consistently maintained his innocence because the facts of his case, as well as the actions of federal agents and prosecutors involved, raise serious questions about whether he received a fair trial.”

During the daily White House press briefing on Thursday a reporter asked Press Secretary Jen Psaki about Sen. Schatz's letter in the following exchange:

"REPORTER: Yesterday, Senator Schatz, who chairs the Senate Indian Affairs Committee, wrote to the President, asking him to commute the sentence of Leonard Peltier, a Native American activist who was convicted of murder in a very controversial trial about four decades ago. Is that something the President is considering or taking a look at, at this time?

MS. PSAKI: I don’t have anything to predict for you on that front."

Editor's Note: This is a developing story that will be updated as more news becomes available.

The long and sad imprisonment of Leonard Peltier (Turtle Mountain Chippewa Nation) took on a new complication on Friday when it was reported he tested positive for COVID-19 while incarcerated at the United States Penitentiary at Coleman, Fla. (USP Coleman 1).

Prison is not a great place to have COVID-19, especially if you are a 77-year-old man with comorbidities that include diabetes, hypertension, a heart condition and acute aneurysm, such as Peltier.

The Prison Policy Initiative reported in October 2021 that the COVID-19 death rate in prisons is more than double that of the general U.S. population, as calculated by the UCLA COVID-19 Behind Bars Data Project

Peltier has been incarcerated for 46 years for the killing of two FBI agents at Oglala on the Pine Ridge Indian Reservation in South Dakota in 1975.

To many American Indians, Peltier is a symbol of an oppressive federal system that relegates Native people to apartheid and neglect. He is a political prisoner that we may only think about if we happen to see a bumper sticker on the back of a vehicle that reads “FREE Leonard Peltier.”

The International Leonard Peltier Defense Committee (ILPDC) on Saturday afternoon distributed a news release saying the federal prisons acted recklessly in regard to Peltier’s care. Peltier has yet to receive a COVID-19 booster shot, 11 months after his last vaccination.

The ILPDC noted in its news release that visitors to USP Coleman 1 have observed that the facility is not mandating vaccines for guards or staff. Guards and staff have been seen improperly wearing masks or not wearing them at all. Social distancing was not encouraged or enforced and booster shots had not, until recently, been available to any inmate at USP Coleman 1.

Soon after the onset of the COVID-19 pandemic, then U.S. Attorney General William Barr issued U.S. Department of Justice guidelines for COVID Release to Home Confinement for inmates who were elderly or with compromised immune system or co-morbidities on March 26 and again, April 3, 2020.

Peltier’s age and comorbidities unequivocally make him eligible for home release under Department of Justice guidelines. Peltier’s tribal community on the Turtle Mountain Indian Reservation in North Dakota has repeatedly expressed willingness to ensure he is provided adequate housing there.

Senate Committee on Indian Affairs Chairman Sen. Brian Schatz (D-Hawai‘i), sent a letter to President Joe Biden last Wednesday urging him to commute Peltier's sentence. 

“I commend your administration’s commitment to righting past wrongs in our criminal justice system. In continuing that work as you consider recommendations for individuals to receive clemency, I write to urge you to grant a commutation of Leonard Peltier’s sentence. Mr. Peltier meets appropriate criteria for commutation: (1) his old age and critical illness, (2) the amount of time he has served, and (3) the unavailability of other remedies. Given these factors, Mr. Peltier should be granted a commutation of his sentence,” Chairman Schatz wrote.

Leonard Peltier (Photo/Courtesy)

Beyond Peltier’s current battle with COVID-19, the White House needs to review Peltier’s 1977 case, in which two of his co-defendants were acquitted on the basis of self-defense against the FBI.

Peltier was tried separately from his co-defendants.

According to Kevin Sharp, former Chief Judge for the U.S. District Court for the Middle District of Tennessee, who Peltier’s current attorney, Peltier’s trial was replete with prosecutorial misconduct, falsified testimony and fabricated evidence. Even the autopsy presented to the jury was done by an examiner who had never seen the bodies of the two agents.

The former U.S. Attorney for the Northern District of Iowa, James H. Reynolds, who supervised the post-trial sentencing and appeals, admitted they “shaved a few corners” and “we could not prove Leonard Peltier personally committed any crime on the Pine Ridge Reservation” said in a letter to President Biden last year.

Reynolds wrote “enough is enough.”

On behalf of all Indigenous people in the U.S. and across the globe, enough is enough. We call on President Biden to commute the sentence of Leonard Peltier.

Monday, June 10, 2024

FREE PELTIER!

U$ POITICAL PRISONER

What to know about Indigenous activist Leonard Peltier’s first hearing in more than a decade


American Indian activist Leonard Peltier speaks during an interview at the U.S. Penitentiary at Leavenworth, Kan., April 29, 1999. Peltier, who has spent most of his life in prison in the 1975 killings of two FBI agents in South Dakota, has a parole hearing Monday, June 10, 2024, at a federal prison in Florida. (Joe Ledford/The Kansas City Star via AP, File)

An unidentified FBI agent, one of the nearly 500 current and retired FBI agents protesting clemency for Leonard Peltier, marches toward the White House, Friday, Dec. 15, 2000, holding an image of two FBI agents, Ron Williams and Jack Coler, who were killed on the Pine Ridge Indian reservation in South Dakota in 1975. Peltier, who has spent most of his life in prison for the killings, has a parole hearing Monday, June 10, 2024, at a federal prison in Florida. (AP Photo/Hillery Smith Garrison, File)

BY HEATHER HOLLINGSWORTH AND JACK DURA
 June 9, 2024

Indigenous activist Leonard Peltier, who has spent most of his life in prison since his conviction in the 1975 killings of two FBI agents in South Dakota, has a parole hearing Monday at a federal prison in Florida.

At 79, his health is failing, and if this parole request is denied, it might be a decade or more before it is considered again, said his attorney Kevin Sharp, a former federal judge. Sharp and other supporters have long argued that Peltier was wrongly convicted and say now that this effort may be his last chance at freedom.

“This whole entire hearing is a battle for his life,” said Nick Tilsen, president and CEO of the NDN Collective, an Indigenous-led advocacy group. “It’s time for him to come home.”

The FBI and its current and former agents dispute the claims of innocence. The fight for Peltier’s freedom, which is embroiled in the Indigenous rights movements, remains so robust nearly half a century later that “Free Peltier” T-shirts and caps are still hawked online.

“It may be kind of cultish to take his side as some kind of a hero. But he’s certainly not that; he’s a cold blooded murderer,” said Mike Clark, president of the Society of Former Special Agents of the FBI, in a letter arguing that Peltier should remain incarcerated.

Here are some things to know about the case.

WHAT HAPPENED IN THE ‘70S?

An enrolled member of the Turtle Mountain Chippewa tribe, Peltier was active in the American Indian Movement, which began in the 1960s as a local organization in Minneapolis that grappled with issues of police brutality and discrimination against Native Americans. It quickly became a national force.

AIM grabbed headlines in 1973 when it took over the village of Wounded Knee on the Pine Ridge reservation, leading to a 71-day standoff with federal agents. Tensions between AIM and the government remained high for years.

The FBI considered AIM an extremist organization, and planted spies and snitches in the group. Sharp blamed the government for creating what he described as a “powder keg” that exploded on June 26, 1975.


That’s the day agents came to Pine Ridge to serve arrest warrants amid ongoing battles over Native treaty rights and self-determination.

After being injured in a shootout, agents Jack Coler and Ronald Williams were shot in the head at point-blank range. Also killed in the shootout was AIM member Joseph Stuntz. The Justice Department concluded that a law enforcement sniper killed Stuntz.

Two other AIM members, Robert Robideau and Dino Butler, were acquitted of killing Coler and Williams.

After fleeing to Canada and being extradited to the United States, Peltier was convicted and sentenced in 1977 to life in prison, despite defense claims that evidence against him had been falsified.

“You’ve got a conviction that was riddled with misconduct by the prosecutors, the U.S. Attorney’s office, by the FBI who investigated this case and, frankly the jury,” Sharp said. “If they tried this today, he does not get convicted.”
HOW HAS THE FBI RESPONDED?

FBI Director Chris Wray said in a statement that the agency was resolute in its opposition to Peltier’s latest application for parole.

“We must never forget or put aside that Peltier intentionally murdered these two young men and has never expressed remorse for his ruthless actions,” he wrote, adding that the case has been repeatedly upheld on appeal.

And the FBI Agents Association, a professional group that represents mostly active agents, sent a letter to the parole commission opposing parole. The group said any early release of Peltier would be a “cruel act of betrayal.”

WHAT IS THE LEGACY OF THE AMERICAN INDIAN MOVEMENT?

Tilsen, a citizen of the Oglala Lakota Nation, credits AIM and others for most of the rights Native Americans have today, including religious freedom, the ability to operate casinos and tribal colleges, and enter into contracts with the federal government to oversee schools and other services.

“Leonard has been a part of creating that, but he hasn’t been available to be a beneficiary because he has been incarcerated for almost 50 years,” Tilsen said. “So he hasn’t been able to enjoy the result of those wins and see how they have changed and transformed Indian country.”

WHEN IS THE HEARING?


The hearing is scheduled to start at 11 a.m. Monday at a high security lockup that is part of the Federal Correctional Complex Coleman. The Federal Bureau of Prisons said in a statement that the hearing is not open to the public.

Sharp, Peltier’s attorney, said the hearing will have witnesses for and against parole. Family members of the two FBI agents who were killed will be there.

Sharp expects the hearing to last the day. The decision is required to come within 21 days. If parole is granted, there’s a process for release which shouldn’t take long. If denied, Peltier can look at his options for filing an appeal to a federal district court, Sharp said.

Parole was rejected at Peltier’s last hearing in 2009, and then-President Barack Obama denied a clemency request in 2017. Another clemency request is pending before President Joe Biden.


Leonard Peltier, Native activist imprisoned for nearly 50 years, faces a 'last chance' parole hearing


 Native American activist and federal prisoner Leonard Peltier, who has maintained his innocence in the murders of two FBI agents almost half a century ago, is due for a full parole hearing Monday — his first in 15 years — as his supporters fear he may not get another opportunity to advocate for his release.

A lawyer for Peltier, 79, said he has been “in good spirits” as he prepares for the hearing at the Federal Correctional Complex Coleman in Florida.

“He wants to go home and he recognizes this is probably his last chance,” attorney Kevin Sharp said. “But he feels good about presenting the best case he can.”

Sharp said medical and re-entry experts would be called to support Peltier’s case for parole, and that hearing examiners and the U.S. Parole Commission will have letters from his community and prominent figures to review.

Over the decades, human rights and faith leaders, including Pope Francis and the Dalai Lama, and Nobel Peace Prize recipients such as Nelson Mandela and Bishop Desmond Tutu have backed Peltier’s release.

Apart from the decades of scrutiny surrounding how Peltier’s case was investigated and his trial was conducted, Sharp said, he believes his age, nonviolent record in prison and declining health, including diabetes, hypertension, partial blindness from a stroke and bouts of Covid, should be accounted for as the commission determines whether to grant parole.

The federal Bureau of Prisons “does not say he is a danger,” Sharp said. “This is about have they extracted enough retribution,” he added of the federal government’s resistance to Peltier’s previous bids for parole, given that the crime involved law enforcement agents.

At his 2009 parole hearing, an FBI official argued that time has not diminished “the brutality of the crimes,” and that while Peltier claimed his innocence, “he has resorted to lies and half-truths in order to sway public attention from the facts at hand.”

Paroling Peltier, who was sentenced to two consecutive life sentences, would have only promoted “disrespect for the law,” Justice Department officials said at the time.

FBI Director Christopher Wray said in a statement Friday that the agency "remains resolute" in its opposition to Peltier's release, citing how his appeals have been denied and that he had even escaped from a California prison in 1979 but was captured three days later.

"We must never forget or put aside that Peltier intentionally murdered these two young men and has never expressed remorse for his ruthless actions," Wray said.

The arrest

On June 26, 1975, FBI agents Jack Coler and Ron Williams were on the Pine Ridge Reservation in South Dakota to arrest a man on a federal warrant in connection with the theft of cowboy boots, according to the agency’s investigative files.

While there, the pair radioed that they had come under fire in a shootout that lasted 10 minutes, the FBI said. Both men were killed by bullets fired at close range. According to the officials, Peltier —  a member of the Turtle Mountain Band of Chippewa Indians and then an activist with the American Indian Movement, a grassroots Indigenous rights group — was identified as the only person in possession of a weapon on the reservation that could fire the type of bullet that killed the agents.

But dozens of people had participated in the gunfight; at trial, two co-defendants were acquitted after they claimed self-defense. When Peltier was tried separately in 1977, no witnesses were presented who could identify him as the shooter, and unknown to his defense lawyers at the time, the federal government had withheld a ballistics report indicating the fatal bullets didn’t come from his weapon, according to court documents filed by Peltier on appeal.

But the FBI has maintained his conviction was “rightly and fairly obtained” and “has withstood numerous appeals to multiple courts, including the U.S. Supreme Court.”

Still, other officials have spoken out in support of him over the years. Retired federal prosecutor James Reynolds, who supervised Peltier’s post-trial sentencing and appeals, wrote to President Joe Biden in 2021 asking him to commute Peltier’s sentence because it would “serve the best interests of justice and the best interests of our country.”

“He has served more than 46 years on the basis of minimal evidence, a result that I strongly doubt would be upheld in any court today,” Reynolds wrote.

Peltier, in a phone interview from prison with NBC News in 2022, said he had hoped mounting pressure from Democratic members of Congress would convince Biden to grant him clemency, and possibly allow him a new trial to prove his innocence.

“I have a last few years,” Peltier said, “and I got to fight.”

Parole process

Peltier falls into a small category of mostly elderly federal prisoners who committed their offenses before November 1987 and can petition for parole from the Justice Department’s Parole Commission. Congress eliminated federal parole for inmates who committed offenses after that date because of new sentencing guidelines.

At a hearing, an examiner is in charge of reviewing the inmate’s case and hearing from witnesses. The hearing examiner’s recommendation on whether to grant parole moves to at least one other examiner who does not attend the hearing, and the ultimate decision then falls to a parole commissioner — who is nominated by the president, confirmed by the Senate and may be a former law enforcement official, educator or lawyer.

If the parole commissioner agrees with the examiners’ recommendation, that becomes the official decision. But if the first parole commissioner disagrees, a second commissioner must concur with either that commissioner or the examiners.

Such a layered process can appear detrimental to inmates if “the thread is lost,” said Charles Weisselberg, a Berkeley Law professor who has written about the “dysfunction” of the commission.

In addition, the Parole Commission typically has five members, but it has had only two since about 2018, Weisselberg said.

The Senate has not moved on filling the commission’s vacant seats. Weisselberg said having fewer commissioners to deliberate gives “greater power” to the hearing examiner, and “as a practical matter, it virtually eliminates the right to a meaningful parole appeal.”

Weisselberg has suggested the process can be streamlined with a magistrate judge as the arbiter. The Parole Commission did not return a request for comment.

Peltier’s supporters are hoping for parole but say Biden, who has not commented on the case, can still have him released on compassionate grounds.

“Mr. Peltier deserves the dignity to live the rest of his life outside the confines of a federal prison cell,” said Rep. Raúl Grijalva, D-Ariz., adding that “it is not too late to grant him the remaining years of a life that the federal government wrongfully stole from him so many years ago.”

This article was originally published on NBCNews.com


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American Indian Movement (AIM) freedom fighter Leonard Peltier was convicted on false evidence in 1975 and sentenced to two life sentences.


Sep 12, 2023 ... Organizers delivered impassioned speeches about Peltier's life and his importance as a Indigenous leader, punctuated by shouts of “Free Peltier!